§3-1-50. Establishment of state-based administrative complaint procedures


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
WEST VIRGINIA CODE











‹ Back



 |   Print







WVC 3 - 1 - 50

§3-1-50. Establishment of state-based administrative complaint

procedures.

     (a) The Secretary of State shall establish and maintain a

state-based administrative complaint procedure for complaints

received concerning election violations which shall meet the

following requirements:

     (1) The procedures shall be uniform and nondiscriminatory.

     (2) Under the procedures, any person who believes that there

is a violation of any provision of this chapter or Title III of the

Help America Vote Act, Pub. L. 107-252, including a violation which

has occurred, is occurring or is about to occur, may file a

complaint.

     (3) Any complaint filed under the procedures shall be in

writing, notarized and signed and sworn by the person filing the

complaint.

     (4) The Secretary of State may consolidate complaints filed

under this section.

     (5) At the request of the complainant there shall be a hearing

on the record.

     (6) Violations of any provision of this chapter or Title III

of the Help America Vote Act, Pub. L. 107-252 shall be punishable

in accordance with the provisions of article nine of this chapter.

     (7) If, under the procedures, the Secretary of State

determines that there is no violation, the Secretary of State shall

dismiss the complaint and publish the results of the procedures.

     (8) The Secretary of State shall make a final determination

with respect to a complaint prior to the expiration of the

ninety-day period which begins on the date the complaint is filed

unless the complainant consents to a longer period for making a

determination.

     (9) If the Secretary of State fails to meet the deadline

applicable under subdivision (8) of this section, the complaint

shall be resolved within sixty days under alternative dispute

resolution procedures established for purposes of this section.

The record and other materials from any proceedings conducted under

the complaint procedures established under this section shall be

made available for use under the alternative dispute resolution

procedures.

     (b) The administrative complaint procedure required by

subsection (a) of this section is not applicable if, within thirty

days of the filing of the complaint: (1) The Secretary of State

initiates an investigation; (2) the Secretary of State determines

that the allegations contained in the complaint may result in a

finding of a criminal violation; and (3) the Secretary of State

determines that the administrative complaint procedure required by

this section would endanger or impede the associated criminal

investigation: Provided, That within three business days thereafter

the Secretary of State shall notify the complainant in writing that

the allegations contained in the complaint may result in a finding

of a criminal violation and, therefore, the administrative procedure contained in this section is inapplicable.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.